CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Margaret Dupre, who does tarot card readings outside Crazy Shirts near the International Market Place, was among those testifying yesterday against Bill 71, which proposes to regulate street performances in Waikiki.

Hannemann seeks compromise on limit to street performers

The ACLU warns the Council that a ban would be unlawful

MAYOR MUFI Hannemann does not want to see another legal fight over the regulation of street performers in Waikiki, and might step in to mediate a compromise.

"If they can't come to an agreement to avoid going to court, we'll do that because I don't want to spend any more legal dollars on this," Hannemann said. "This has been debated enough. We've just got to come to some kind of reasonable compromise where everyone has to give."

More than a dozen street entertainers testified yesterday before the City Council against a bill that would ban them and other performers from a five-block stretch of Kalakaua Avenue between Lewers and Uluniu streets from 7 to 10 each night.

The performers said proposed regulations would effectively keep them from entertaining Waikiki crowds because they would ban them from the tourist district during peak times.

"We just want to entertain," testified Felix Wesley, who is known as the phantom drummer.

"I love what I do and people love it," Alamar Nobles, also known as Silver Man, told the Council.

The American Civil Liberties Union, which successfully challenged a similar ordinance four years ago, warned the Council about the measure.

"If the bill passes, it will be challenged," ACLU Legal Director Lois Perrin told the Council.

Perrin said that the city paid more than $200,000 in legal fees after it lost the challenge.

She said that the bill is unconstitutional because it targets a certain group of people and is one of two measures aimed at curbing the First Amendment right to free speech.

Rick Egged, executive director of the Waikiki Improvement Association, said that the business community does not want to see the performers eliminated from Waikiki and that the bill is crafted narrowly to provide safe passage for pedestrians while also giving the entertainers access.

Hannemann said he has not read Bill 71 in detail and cannot comment on whether he supports it.

"We're a very sophisticated city with a lot of different groups who have various degrees of talent and skills," the mayor said. "And if they want to display it, we've got to make sure that there are certain ways that they can do it which doesn't, as I say, compromise either their safety or the safety of others."

But the mayor believes regulations should be in place to protect pedestrians, passing vehicles and performers.

"I would like to see if we can sort of delineate areas where we have street performers, as opposed to having them perform anywhere they would like to on public sidewalks," he said.

Hannemann said that he believes Kalakaua Avenue is a problem area where pedestrian safety is a major concern.

Hannemann acknowledged that the issue is not a priority for him, but if asked to mediate a compromise to avoid litigation, he would step in.

The Council gave the bill an initial approval, but the measure has two more approvals to win.